Description

700.11 Damages to Plaintiff as a Result of Defendant's Breach You must decide whether [name of plaintiff] sustained damages as a result of [[name of defendant]'s] [[names of defendants]'] breach of the contract. As stated in Instruction 1, the fourth element of a contract claim is damages. [Name of plaintiff] must prove [he] [she] [it] sustained damage resulting from [[name of defendant]'s] [[names of defendants]'] breach. To recover on [his] [her] [its] claim, [name of plaintiff] must prove that because of [[name of defendant]'s] [[names of defendants]'] failure to perform the contract, [he] [she] [it] has [been damaged] [not received] the [benefits] [payment] [performance] to which [he] [she] [it] is entitled under the contract. [Name of defendant] [Names of defendants] [denies] [deny] [name of plaintiff] sustained damage [to the extent claimed.]. You will address the issues in question [__] on your verdict.